DEPARTMENT OF COMMERCE v. UNITED STATES HOUSE OF REPRESENTATIVES

Attorney(s) appearing for the Case

Solicitor General Waxman argued the cause for appellants in both cases. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, Malcolm L. Stewart, and Mark B. Stern. Joseph Remcho, Kathleen J. Purcell, and James C. Harrison filed briefs for the California Legislature et al. as appellees under this Court's Rule 18.2. Brian S. Currey, Richard M. Jones, Thomas M. Riordan, Karen M. Wahle, Thomas J. Karr, Alfredo Barrios, James K. Hahn, Jessica F. Heinz, Lorna B. Goodman, David B. Goldin, De Witt W. Clinton, Mary F. Wawro, Donovan M. Main, Manuel A. Valenzuela, Brian L. Crow, Louise H. Renne, Burk E. Delventhal, Robert A. Ginsburg, Jack Ballas, Susan T. Taylor, Helen M. Gros, Daniel E. Muse, Stan Sharoff, John R. Calhoun, Joan Gallo, George Rios, Jayne W. Williams, Ann M. Ravel, Susan B. Swain, Alan K. Marks, William C. Katzenstein, and Tom Udall filed briefs for the City of Los Angeles et al. as appellees under this Court's Rule 18.2. Moses Silverman and Jeannie S. Kang filed briefs for the National Korean American Service & Education Consortium, Inc., et al. as appellees under this Court's Rule 18.2. Paul M. Smith, Donald B. Verrilli, Jr., and J. Gerald Hebert filed briefs for Richard A. Gephardt et al. as appellees under this Court's Rule 18.2.

Maureen E. Mahoney argued the cause for appellee United States House of Representatives in No. 98-404. With her on the brief were Richard P. Bress, Geraldine R. Gennett, Kerry W. Kircher, and Michael L. Stern. Michael A. Carvin argued the cause for appellees Matthew J. Glavin et al. in No. 98-564. With him on the brief were David H. Thompson, Theodore M. Cooperstein, L. Lynn Hogue, Valle Simms Dutcher, Edward J. Fuhr, and Richard B. Harper.†

O'Connor, J., delivered the opinion of the Court with respect to Parts I, III-A, and IV, in which Rehnquist, C. J., and Scalia, Kennedy, and Thomas, JJ., joined, the opinion of the Court with respect to Part II, in which Rehnquist, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined, and an opinion with respect to Part III-B, in which Rehnquist, C. J., and Kennedy, J., joined. Scalia, J., filed an opinion concurring in part, in which Thomas, J., joined, and in which Rehnquist, C. J., and Kennedy, J., joined as to Part II, p. 344. Breyer, J., filed an opinion concurring in part and dissenting in part, p. 349. Stevens, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined as to Parts I and II, and in which Breyer, J., joined as to Parts II and III, p. 357. Ginsburg, J., filed a dissenting opinion, in which Souter, J., joined, p. 365.